Have you complained to Ebay? they have a reasonable standard I think??Tony----- Original Message ----- From: "Tigerdaz" <support@ultimatebootcd.com>To: <support@ultimatebootcd.com>Sent: Monday, November 28, 2005 7:29 AMSubject: "Pirated" copy of UBCD

> Amazingly i have recieved a response from the offending ebay seller.>> However it would appear the seller has little or no understanding of the > GPL itself and of other trademark usage and EULA.>> Here is the response i recieved.>> Dear.> If my item bothers you, I am so sorry for that.> UBCD is under GNU policy, so there is no restriction to distribute to > others and they offer download and sell actual CD on there mirror site.>>> And if what I use the picture which I redesignned is really Microsoft > Windows's trademark, I am very soory and I will check and omit it.> However, my item's purpose is not the usage of the trademark for selling > Windows OS, but my item includes boot helper and service pack for > Microsoft Windows, So, the purpose the picture is for them.>> And my item includes UBCD and many open source programs on one CD, > therefore, it is a little hard that the item is UBCD itself. So, I just > named it Emergency Boot CD it is not the specific trademark or item's > name, but just general name for the item such as Emergency EXIT on > buildings.>> I have will to correct my fault or wrong.> Please let me know if I am wrong.> Of course, I will check them up again if there are any problems.>> Thank you.> Sincerely,> Giftinusa>> Even if the seller was correct in the assumptions he has still clearly > breaking the conditionsof the GPL and also SteelTrepid says his Code is > not used the GPL but under his own EULA.>> Just for clarification here is the Email i sent to the seller myself which > got the response.>> I notice you are passing off The Ulitmate Boot CD as you own companies > work. Even to the extent of putting your own logo over screen grabs of > other peoples software. I will be imforning the authors and contributors > of your work and notifying ebal also. I assume also that you have > permission to use Microsofts Registered trademarks in the passing off > other peoples hardwork as your own.>> While there is no restrictions in packageing and selling UBCD as is. How > you are doing it by passing ot off as your own work is.>> I hope you do not mind me getting involved in this but i these people are > scum and clearly do not know what they are on about.>> If you would rather i did not interefere and left you to deal with these > people yourselves then please le tme know and i will respect your wishes.> _________________________________________________________> Topic link: viewtopic.php?p=1203#1203>>

Charles was going to draft a OpenBSD-type license for the UBCD to protect its layout, but due to his hectic schedule, it did not materialize. Maybe some user in this forum with legal knowledge can help?

I think adding a license to UBCD will only clarify its licensing and distribution position. It will have no impact on the anti-social folks redistributing UBCD for a fee. And how does one deal with those who add some stuff to UBCD, slap on a new name, and redistribute it for a fee? I don't know.

Of course, I welcome discussion on this matter. But in the mean time, I am going to focus my limited resources on releasing UBCD V3.4!

I know this is slightly off-topic, but I don't want to create a whole new forum for it, so please bear with me. Anyway, you can see it as another user needing "support" from the group, so it is not entirely inappropriate.

You guys know I have always been quite liberal with the distribution of UBCD. It has always been free for the download, and many people have been distributing the physical copy (UBCD list, SwiftCD, EBay, magazines etc.) with or without my knowledge.

In addition, for the benefit of users, I have included a link to the website in the various UBCD menus since V2.4 so that users who acquire the CD via some other means could always choose to upgrade to the latest versions later if they desired by visiting the website.

If you look at the screenshots, he actually removed the link to the UBCD website!! This is not someone who's just casually selling the UBCD without my knowledge (which is OK for me). He has deliberately remove any trace back to the website so that users who purchased the CD will be none the wiser, and will have to go back to him and pay him for updates!

Granted, looking at the site description, he has probably done some work himself (likely adding some parts of Windows UBCD). I can't comment since I certainly won't pay for the CD to try it out. But to intentionally remove all traces back to the original website borders on the criminal. Just thinking of it makes my blood boil!

I like to keep negative energy to a minimum (I'd rather spend time doing productive things) So I ask for your opinion: What is the least I could do to stop this guy from defrauding people? I have the feeling sending him an email directly will probably not yield much result.

I also got fed up with those people charging outrageous amounts for free software. They take advantage of those who can't download or burn there own CD,s. I do not make a lot , usually less than $1.00 per sale. I give them your Ultimate boot CD as well as a Kubuntu or Ubuntu OS for a total of $6.48 this includes S/H. From what I've seen on ebay most charge more than that for one CD. After I have paid all the fee's and the shipping it leaves very little. I did not intend to sell the CD'S I just wanted to let others know that its FREE software.

I have not changed these cd's in any way. Everything is as it was when I download it. I have sold 12 so far and have made a donation here today. If I sell more then you can count on further donations being made. I want to thank you for putting out such a great CD.

Well, if UBCD is open source you could sue him for copyright infringement. You could threaten trademe with a lawsuit (if a lawyer in here could write them a letter in your name it would be sufficient). And someone could hack his own site and cause as much damage as possible.

Those are the only options.

I realize this topic is almost 3 years old but just chimed in because yesterday on the PRN new, a similar situation happened with a handbag company. Big name. Dont recall.

But on ebay a guy was selling knock off handbags. Ebay won the case here in the USA. They said you have to go after the actual seller. The company is expected to appeal. But a similar case in France a few months back Ebay lost.

Did you ever get this case resoved? Im an amature game programer. I use GameMaker 7.0 A great engine for guys that WANT to program but to dumb to learn C++ So I understand the time involved on creating a project

aero has a good question, is there software on ubcd that shouldn't be, because of its license? I think isolinux / syslinux is under GPL, and wouldn't ubcd be considered a derivative work, therefore under GPL or compatible license? V5 comes with a SIMPL license, but I am not finding a license on V4.

As the president of nbi Computer Services Inc. www.nbicomputers.com a small corp with about 25 people.

After talking with the board members a small corp with about 25 people and most of them own some stock. We decided that after using this tool in our work for years we would place it on our download page.
It is a great tool and we had some extra band with to spair. Since Mr. Chew uses others to distribute his software we thought we could help.
so aftercontacting Mr.Chew we obtained his permision to place his software on our download page. but we did so only after he agreed to list us on his site, not for the link back, but so people would understand that we were authorized to distribute his product.
we don't sell it but when we are working on a computer at a customers site if we use the product and the customer likes it we offer to alow the customer to keep the disk and we just make another copy for our own use.

Upon reading this thread I will instruct our web site tech to place on our download page a link back to the main ubcd site if it has not been done already and also place a note that we are distributing the UBCD by permision of the owner and an advisor that the tool is free to downloal and use as long as the end user doas not modify the tool in any way.

Just my 2 cents in an old thread
Mr. Norman Berg
President and founder
NBI Computer Services Inc.
www.nbicomputers.com

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